Terms and Conditions
Breezy Oak Villa / Pleasant Oak Villa – Breezy Oak Villas
To our cherished Guests: This document represents the agreement between you and us to rent our Florida vacation home, Breezy or Pleasant Oak Villa.
In providing accommodations as we do, we are agreeing to turn our home over to folks mostly unknown to us without any direct supervision, and very little protection for our interests. Our business is based on trust; trust by our Guests that our property is as presented and they will enjoy a great stay in a great property; and trust by us that the Guest will pay for their accommodations, and take good care of the place while there.
This document is long and detailed, because it is designed to cover off many contingencies and cover many possibilities. You are certainly welcome to read it all, but really as long as you are reasonable, fair and considerate, and take good care of our home and property, we won’t have any issues.
If the length and detail of this document is of a concern, don’t worry about it. Just keep in mind that this is the level of attention to detail that we are bringing to your stay with us. We’ve been at this for a decade now, and take great care of our Guests! Thank you for staying with us!
This Short-Term Rental Agreement document, along with instructions provided by email, available on our website and in our home manual, constitute the agreement and expectations between you, the Guest; and ourselves as Host and Owner of the property.
Option Agreement to Rent the Property
- The Owner and Guest hereby agree that by submitting a Booking Deposit, the Guest is purchasing an Option to Rent the vacation home indicated for the dates indicated on the Booking Form, according to the stated payment schedule.
- By remittance of the first payment (the Booking Deposit) and remittance of the second and any subsequent payments (the Balance Payment(s)), the Owner agrees to hold the specified dates open and available for the exclusive use of the Guest. No other consideration is provided by the Owner in return for payment by the Guest for this Option to Rent the Property on the selected dates.
- This Option expires either on the arrival date indicated (or thereabout when the Guest actually arrives), or at such time as the Guest indicates they will not be staying in the accommodations.
- Should the Guest choose to exercise the option and use the property for his/her accommodations as outlined in the agreement, the amount paid for the Option will be credited in full to the Guest’s account for purposes of paying rental charges for the accommodations, and no other consideration or payment shall be due to the Owner for providing the Option to the Guest prior to their arrival.
- Should the Guest choose at any time not to rent the accommodations for the dates indicated, or make any other changes to the accommodations rental agreement contained herein to which the Owner does not agree in writing, then all monies paid by the Guest to the Owner shall be retained by the Owner as payment for providing the Option to the Guest for whatever period of time it was in existence.
- The Owner may pursue, and the Guest agrees to pay, any amounts left unpaid or due under the payment schedule for the Rental or Option Agreement, should such amounts become due prior to the Guest either exercising the option to use and rent the accommodations, or informing the Owner of his intent not to do so.
Bookings
- The property is fully licensed for short-term rentals in Florida.
- The signing of the Booking Form by the party leader confirms acceptance of the Terms and Conditions set forth and shall be binding on the persons listed on the Booking Form intending to occupy the premises (or any subsequent amendments to this list).
- No parties of Guests who are all under the age of 25 years will be accepted. The lead Guest signing the Booking Form must be 25 years of age or older, and must be in attendance at the property during the entire period of the booking when others are present.
- Any reservation obtained under false pretense will be subject to forfeiture of any payments provided and the guest or members of the party will not be permitted to enter or re-enter the property.
- In lieu of physical signatures: the parties legally agree to abide by the terms of this Short-Term Rental Agreement, as evidenced by the Guest entering their name and initials on our online Booking Form, the Guest’s initialling their acceptance of the cancellation policy on that form, the acceptance of the quoted price by completing and submitting the Booking Form, and/or receipt of this document via any applicable online home rental site or email from Owner, and/or and the processing of the Booking Deposit and any subsequent payments.
- The lead Guest agrees to provide a clear copy of a Government issued Photo Identification, such as a Driver’s License or Passport, in the lead Guest’s name, to the Owner Host by secure means, within two weeks of submitting the Booking Form or one week prior to the Arrival date, whichever is sooner.
- The Guest acknowledges and agrees that this document represents the agreement between the Guest and Owner Host, and no outside 3rd party terms and conditions apply.
Payments
- Together with the completed Booking Form, a non-refundable deposit is due immediately upon the provisional booking. Without a deposit, dates are subject to booking by another party. Upon receipt of the deposit we will send confirmation of the booking by return email.
- Payment of the balance is due 8 weeks prior to the arrival date. Provided all amounts due, including any applicable security or account deposits, have been paid, we will send to the Guest directions and access information for Breezy/Pleasant Oak Villa 1–10 days before arrival.
- Third party payments are generally not accepted. Payments by credit card must be on a card issued to the lead Guest in their name, or checks/cheques must be drawn on an account belonging to the lead Guest and in their name. Other members of the Guest party, or related individuals, may submit payment along with a copy of their Government Issued Photo ID. The lead Guest must inform us who the payment is coming from and their relationship with them.
- Rates are subject to change at any time until final confirmation of booking is provided.
- The guest acknowledges that payments submitted under this agreement are non-refundable, unless specifically identified as such, and will not seek or request to be processed, a refund by either the owner host or third party payment processor.
Party Size
- Everyone occupying the property must be listed on the Booking Form, including small children.
- The accommodations cannot be shared or sub-let and only the persons shown on the Booking Form and approved in advance by the Owner are permitted to stay in the property overnight. Additional persons staying outside of these terms will result in a charge of $100 per person per night, regardless of age.
- Guest’s visitors are not permitted in the property between the hours of 1:00 AM and 7:00 AM. No more than six visitors are permitted at any time.
- The Owners reserve the right to refuse admittance if these conditions are not met. Failure to comply will render the booking void and no compensation will be paid to the renter for any losses suffered due to the renter’s failure to abide by these Terms & Conditions.
Rental Period & Nature of Use
- Guest is hereby granted a license to use the Premises known as Breezy/Pleasant Oak Villa. Guest acknowledges and agrees that no form of tenancy has been created pursuant to Chapter 83, Florida Statutes through Guest’s use of the Premises.
- Arrival/departure may be any day of the week. Rentals are subject to minimum stay requirements which vary by season.
- Guests may not invite other persons to make use of the Premises or amenities related to such Premises for any reason whatsoever.
- All stays, regardless of length, are subject to an additional cleaning fee.
- The Property is available for occupation from 4:00 PM local time on the day of arrival and is to be vacated no later than 10:00 AM on the morning of departure.
- Early Arrival or Late Departure may only be arranged ahead of time, usually 2–3 days prior, with the Owner, and may be subject to an additional fee. Please respect check-in and check-out times.
- Your Door Access Code will not work beyond these times. Provision of a new or additional Door Access Code is subject to an additional fee.
Overholding
- Vacating after 10:00 AM will incur a charge equivalent to one day’s accommodation cost plus emergency cleaning costs unless previously arranged and agreed to in writing by the Owner and/or Management Company.
- Guest agrees that if the rental period is extended at the request of the Guest and by the permission of the Owner (in writing), all previously existing terms and conditions continue to be in force, and that: (1) full payment for the extended period is immediately due and payable; (2) the full account deposit, if required, must be maintained; (3) the account deposit may be applied to any unpaid amounts; (4) the guest agrees to pay interest at 24% per annum and necessary costs to recover any unpaid amounts.
Suitability and Fitness for Intended Use
- The property is provided for the Guests’ use, according to these Terms and Conditions, as is, and where is. Beyond the commitment to provide reasonably clean, self-catering accommodations that provide for basic needs, no warranty or guaranty of fitness or suitability to the Guest’s own desires or expectations is provided.
- All information provided by the Owner to prospective Guests is accurate to the best of our knowledge and provided in good faith. No warranty is provided with respect to the content or claims of promotional information relating to Breezy/Pleasant Oak Villa.
- We advertise in good faith within the limits set by the listing sites and promotional venues that we use. The Guest agrees that this Agreement is binding in the case of a conflict with advertised information, or advertisers’ claims relating to bookings or the property or amenities provided.
Important Regulations
- Only human Guests are permitted. Due to allergies of the Owners, no pets or other non-human Guests may enter the property.
- For the comfort of Guests this is a NON-smoking home. Smoking is NOT permitted ANYWHERE on the property, including the lanai, pool deck and grounds. The introduction of offensive odours due to smoking, whether smoking is engaged in on the property or not, is NOT permitted. Smoking is permitted in the subdivision of Thousand Oaks; if you must do so, please enjoy a stroll away from the property while you smoke.
- Commercial vehicles, trailers, campers, recreational vehicles, motor homes, house trailers, and boats, are not permitted to be parked or to be stored anywhere on the property. Vehicles may ONLY be parked in the driveway, NEVER on the lawn.
- Parking on the street is not permitted. Vehicles parked on the street are subject to fines and/or towing. Heed posted signs.
Care of the Property, Damages, and Deposits/Waivers
- As a condition of your rental, you are expected to exercise reasonable care for the property, home and its contents during your stay.
- If you damage or break something, discover something is broken or hazardous, report it to the Owner immediately. You may be held responsible for damage caused by anyone in your party. Inform us immediately to arrange for repair or replacement.
- Costs incurred for unreported damage discovered after you have left the property will be charged to, and may result in the forfeiture of, your security or account deposit in whole or in part.
- Guest agrees to pay for any damage to the property, missing or damaged items, as well as a commercially reasonable additional cleaning fee if left excessively dirty, or if posted check out procedures are not followed. In the event damage exceeds the deposit collected, Guest agrees to reimburse Owner for any additional amount and authorizes Owner to charge such amount to any credit card on file.
- A refundable Security and/or Account Deposit must be paid prior to arrival and release of address, access and security codes, etc. This deposit will be repaid by the same method when possible as soon as post-stay inspection and utility consumption checks are complete (up to 30 days, often sooner).
- The Security or Account Deposit does not relieve the Guest of liability for damages that exceed the amount of the deposit.
- At the sole discretion of the Host Owner, a $79 Damage Waiver which covers up to $750 in Accidental Reported Damage may be available in place of, or required in addition to, the Account or Security Deposit. The waiver covers reported accidental damage. Unreported damage may still be charged even if a waiver is purchased. The waiver does not cover willful or negligent damage.
- No Guest-purchased insurance or damage protection provided by third parties will be accepted as replacement for the Owner Host’s own security deposit, account deposit or damage waiver offerings or policies, unless acceptable evidence of coverage is provided and confirmed in writing by Owner.
- The Guest is solely responsible for any damage or breakages that may be caused to the property or its contents during their stay, however caused.
- The lead Guest must fully inspect the home and report any damage or deficiency within the first 24 hours of their stay. Thereafter, any damage or deficiency found following departure will be attributable solely to the lead Guest and their party.
- Our local property manager and support staff check the home before arrival and after departure, and will advise us of any faults in the property condition or missing items.
Specific Care Requirements
In the event of any excess damage of any kind to the property, or excess cleaning costs or excessive use of utilities, which exceed the security deposit, the lead Guest/signatory will be held responsible for all additional costs. Examples include, but are not limited to:
- Air conditioning is typically designed to cool to approximately 72°F / 22°C. Setting it below this can strain or damage the system. Guests will be responsible for repair costs due to excessive strain.
- Use of the BBQ and the supplied propane is provided at an additional charge. If used without booking and paying beforehand, it will be charged against the account. If the BBQ is left unclean, $50 will be deducted from the deposit for cleaning.
- Guests must manage trash and recycling during their booking according to provided instructions. Failure to do so, or leaving an excessive amount, may result in additional charges.
- This is a No Smoking Home inside and outside. Costs for neutralizing smoke odours or repairing burn marks will be deducted from the deposit.
- Care must be taken with uncovered food due to Florida’s sub-tropical climate; additional pest control costs due to lack of care may be passed to the Guest.
- We reserve the right to retain the deposit (in part or full) to cover damage, non-return of keys, or other exceptional expenses. Copies of receipts for repairs/replacements will be provided if desired and available.
- We reserve the right to pursue recompense for any and all damages exceeding the deposit; payment required within 14 days of notice.
- The Guest expressly agrees to promptly pay any and all costs, charges or extraordinary expenses or fees assessed against them by the Owner as per these terms.
Safety & Security
- To comply with state fire regulations, under no circumstances may more than 12 persons occupy the property at any time. No more than 8 persons may stay overnight, and all must be identified in advance on the Booking Form.
- Ensure all windows and doors are locked securely before leaving the property or retiring for the night. Failure to do so resulting in damage or theft may result in recovery of damages from you.
- The security alarm system must be armed any time you are away from the property. In the unlikely event of a break-in when the alarm has not been set, the full Security or Account Deposit will be retained, in addition to any and all actual costs.
- Guests are solely responsible for the safety, security, insurance and replacement of their own possessions. The Owner Host accepts no liability for Guests’ possessions and persons.
- A Safe is provided free for Guest use at their own risk. No liability is assumed for contents. Charges apply if assistance is required to open the safe or if left locked on departure.
- The BBQ must remain in its original location, and stay outside the pool enclosure or garage at all times. Use with proper care; keep children away.
- Thousand Oaks is a conservation subdivision with natural areas; dangerous wildlife may be present. Exercise caution, supervise children, avoid bodies of water and forested areas, and stay within landscaped areas, streets and sidewalks.
- Security, surveillance, and other monitoring equipment may be in use to record/report mechanical systems or for exterior security only. Tampering will result in loss of deposit and additional costs.
- Video surveillance may cover only exterior areas publicly visible from the street (front and sides), not the rear, pool area, or interior. Renting the property constitutes consent to be recorded in these exterior areas.
- Follow alarm system guidelines and instructions provided; charges and consequences for false alarms apply.
Internet, Cable TV and Telephone
- Broadband Internet with Wi‑Fi is provided free of charge.
- Guests are responsible for ensuring compatibility of their equipment. Owner Host is not liable for inability to use the service.
- Service is provided on a best-efforts basis; we are not responsible for failures or non-availability of third-party services.
- No promise or guarantee is made about the number, quality, or content of available TV channels.
- Guests are responsible for secure and proper use. Costs to repair, restore, or maintain services due to Guest actions, or additional charges incurred, will be paid by the Guest.
- Pay-per-view and other paid content is not available. If accessed, the full cost plus a processing fee will be paid by the Guest.
Use, Maintenance & Enjoyment of Pool & Equipment
- The swimming pool is used entirely at the Guest’s own risk.
- There must be a minimum of two persons in the pool area at all times when anyone is in the pool area; at least one must be an adult.
- Parties with members younger than 13 years must keep the pool safety fence closed at all times (if equipped).
- Diving is expressly prohibited.
- Children must be supervised at all times in the pool area.
- Pool Heating, when purchased, is provided without guarantee as to performance or suitability; results depend on weather. No compensation will be due if conditions prevent comfortable temperatures.
- Pool equipment is off limits; do not tamper. Failure will result in loss of the full Security Deposit.
- If no automatic fill is in use, maintain water level to halfway up the tile line.
- Pool safety equipment, including door alarms and automatic closers, must be used when provided and must not be altered.
- A Pool Blanket, if provided, must be kept on when the pool is not in use; remove fully when in use. Failure to use as required may result in loss of deposit in whole or part.
- Liquid Polymer Pool Blanket solution may be in use at the property at the owner’s discretion.
- No obligation exists to provide any type of pool blanket; no compensation if not provided.
- Never lock or block exterior pool enclosure screen doors.
- No glass is permitted in the pool area; use plastic items provided.
Cancellation by the Guests
In the event of your party needing to cancel your booking, the following apply:
- The Booking Deposit (typically 20% of the Total Rental Charge, but may be more) is Non-Refundable. A whole or partial refund or a non-refundable credit may be provided solely at the Owner’s discretion; the Owner is under no obligation to provide any refund.
- Any cancellation within 8 weeks prior to the Arrival Date will result in loss of the whole booking fee and all rental charges (excluding any security or account deposit).
- It is the responsibility of the signatory to ensure that a confirmed cancellation letter reaches the Owner. Email cancellations are not acceptable unless and until the customer receives a return email acknowledging the cancellation. If a return email is not received, call to ensure notice has been received. The cancellation takes effect only upon the acknowledgment email.
- Failure to pay the Final Balance by the due date (8 weeks prior to arrival) may result in loss of the Booking and Deposit. We may cancel and rebook the dates with another party and recover any balance owing.
- If you do have a problem, please contact us as soon as possible.
- We strongly recommend that all Guests take out adequate holiday, injury, medical and cancellation insurance coverage at the time of booking.
- After arrival, should the Guest vacate early, by their own choice or by requirement of the Owner or manager, no refund of any amounts paid or due will be provided under any circumstances.
- Should the Guest vacate the property for longer than 24 hours without prior arrangement, the Guest will be considered to have abandoned the property; re-admittance may be denied and no refund provided.
Cancellation by the Owners
- In the unlikely event that personal circumstances necessitate cancellation, we will refund any monies paid (without interest, compensation or consequential loss payments). We will work to relocate your booking to a similar or superior home. If another property is secured, all payments and terms transfer to the other property.
Guest’s Property & Items Left Behind
- The Owner Host is not responsible or liable for damage to or loss of the Guest’s property, vehicles or possessions.
- Items left behind after departure are deemed abandoned; no guarantee to return or replace is implied.
- Items may be returned upon request if possible, at the Guest’s expense for packing, shipping, insurance and transportation.
Code of Conduct
- Thousand Oaks is a residential community. All members of your party must not interfere with the quiet enjoyment of other vacationers or residents.
- No loud music or activities causing inconvenience, and in no circumstances after 10:00 PM or before 8:30 AM.
- Gatherings of groups for any purpose at the villa are not permitted. Visitor restrictions apply. Parties and celebrations are not permitted.
- The use of candles, torches, fireworks, lighters, incense and any other combustible materials or fuel on the property either inside or outside (except supplied propane in the supplied outdoor appliance for its use) for longer than five minutes is expressly forbidden.
- If any member of your party behaves in a way likely to cause distress, danger or annoyance to others or damage to property, the Owners or management company may terminate your rental agreement immediately and you agree to vacate upon request.
- Rental does not entitle access to all areas. Locked storage, sheds, Owner’s storage or closets, pool equipment, security cabinets and attic areas are off limits. Accessing off-limits areas may result in charges and possible immediate eviction.
- Do not disconnect, reconnect, rearrange or alter the setup of electronics. Charges may apply to restore intended setup.
- Do not remove, move or rearrange furniture and amenities. Charges may apply to restore intended placement.
- Guests agree to adhere to the check-out requirements provided by the Owner Host prior to arrival.
- The Owners or their management company will not be liable for any costs you incur, nor shall we pay compensation or make refunds due to actions taken to enforce these terms.
- Should Guest fail to pay for charges due upon demand, or vacate upon request by Owner, Guest may be summarily removed with assistance of law enforcement in compliance with Section 509.141(4), Florida Statutes.
Failure to Abide by Terms & Conditions
- The Owners reserve the right to refuse admittance at any time if terms are not met.
- Failure to comply renders the booking void and no compensation will be paid for losses resulting from failure to abide by these Terms & Conditions.
- Failure to abide may result in loss of the entire Security and/or Account Deposit, and any and all Rental Charges as Compensatory Damages. Additional costs may be assessed and are payable within 14 days of notice.
Inclement Weather & Major Storm Policy
- Weather is unpredictable. No guarantee or warranty is made with respect to weather and its effects; no compensation or refund is due due to weather conditions.
- In the event of a major storm or hurricane, no refund or adjustment will be provided.
- If authorities order a mandatory evacuation due to a Tropical Storm or Hurricane Warning at the Guest’s home location or at the villa location, the Owner may, at its sole discretion, provide a refund in whole or part, or offer a credit for equivalent time at a later date.
- No credit or refund will be provided for weather extremes or their effects on the property, its systems, Guests, or enjoyment.
Complaint by the Guest
- If a problem specifically relating to the villa arises during your rental, immediately contact the Owner Host, or if unavailable, the local property management company, to resolve as soon as possible.
- Your satisfaction is paramount. For serious complaints not addressed properly during your stay, contact the Owners directly within 7 days of departure.
- If the problem was not reported within 24 hours of occurrence, we will not accept responsibility for its impact, nor provide compensation.
- Our responsibility is to provide reasonable, safe and clean indoor accommodations. Failure of appliances, HVAC, pool equipment, minor household equipment/hardware, internet, television or other services does not constitute failure to provide suitable accommodations; no compensation will be provided.
- Unreasonable, unjustified or nuisance complaints made to extort concessions, refunds or considerations not due will not be tolerated and will be reported as appropriate.
Third-Party Review & Testimonial Venues
A 5‑star (or equivalent) review is critical for visibility and trust. Negative reviews or anything less than 5‑Stars impacts both Guest and Owner Host. Both parties agree to leave only a 5‑Star or equivalent review in the public domain and/or on any third‑party website. Any lower rating inadvertently given will be retracted or removed. Guests agree to forfeit their security/account deposit and/or pay an equivalent amount if they violate this requirement, incur all costs associated with removal of such reviews/comments, and hold Owner Host harmless from loss of revenue or income due to damages caused by negative reviews or publicity generated by the Guest. Both parties agree to resolve issues directly and may choose to leave no public review.
Note: The purpose is not to stifle criticism but to ensure it is directed to us so we have an opportunity to address concerns. We provide multiple opportunities for feedback and take all complaints and suggestions seriously. Your satisfaction is our primary goal. We would never use a third‑party venue as a weapon in a dispute and expect Guests to do the same.
Force Majeure
- The Owners and their agents accept no responsibility or liability for any loss or damage or alterations to the terms of this booking, or the enjoyment thereof, caused by events beyond the Owners’ control; including, but not limited to, war, civil commotion, flight delays/cancellations, transportation difficulties, carrier schedule changes, adverse weather, fire, flood, industrial dispute or any other event beyond reasonable control.
- All mechanical and structural systems are subject to wear and unexpected failure; such failure does not reflect a lack of proper maintenance or care. No compensation is provided in the event of failure.
- Needed repair, adjustment or replacement will be carried out in the normal course by proper trades and contractors; no compensation is due for time involved.
- Guests are responsible for reporting malfunctions and cooperating with repair efforts.
Privacy Policy
- Information provided to us by enquirers or website visitors, including Booking Forms or email addresses, will be used solely for the purpose of renting a vacation home from Breezy Oak Villas, now or in the future.
- We will not pass your details to other agencies or third parties, except those involved with providing services in conjunction with your rental.
- We will at all times respect the privacy of all Guests and clients.
Indemnification
Guest agrees to indemnify and hold Owner harmless for death, injuries or other losses to Guest and other persons and property that may occur in connection with Guest’s use of the Premises. Owner is not obligated to accept for safekeeping any personal property and is not liable for any loss in connection with such items or for providing security for the Premises.
Disclaimers
Liability: The property is privately owned and neither the Owners nor the management company accept liability for damage or injury sustained during use of any facilities or equipment at the home. Guests must exercise a duty of care and ensure all party members follow operational and safety instructions, familiarize themselves with fire procedures, and confirm all persons are adequately covered by appropriate insurance.
Entry: The Owners and their agents reserve the right of entry at any time (including pool maintenance, gardeners, etc.) to check the property’s condition, conduct maintenance or repairs, or verify compliance with this Agreement.
Description: Promotional information is deemed correct to the best of our knowledge and is for guidance only; it does not form part of the contractual agreement.
Scope: A Home Manual is provided in electronic and hard copy. Specific emails and a secure website provide detailed proprietary information about accessing, using, and caring for the home. The rules and requirements within the Home Manual, instruction emails, and the secure Guest’s Online Reservations Page form part of these Terms and Conditions and must be followed.
Law
This contract is subject to and shall be construed in accordance with, at the Owner’s option: the laws of Canada with exclusive jurisdiction of Canadian courts; or the laws of Florida with exclusive jurisdiction of Florida courts; the determination of which the Owner will make and present when notice is served.
The prevailing party shall be awarded reasonable attorney’s fees and costs against the non‑prevailing party at trial and appellate level. Formal service of process is waived and may be accomplished by certified mail, return receipt requested, or other international mail delivery with receipt. Service shall include a copy of any relevant complaint and summons.
Other Remedies
In addition to the foregoing rights and remedies, Owner Host expressly reserves all other rights and remedies available under Chapter 509 Florida Statutes. Exercise of one right or remedy does not prevent exercise of any other right or remedy, regardless of source.
Terms and Conditions are subject to change. Your rental will be governed by the T&C included with your Booking Form.
Location
Breezy Oak Villas – Mailing Address8297 Champions Gate Blvd, Suite 175
Champions Gate, FL 33896
USA
Local Tel. +1 (407) 809-5077
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